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Received 'NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE'

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  • Received 'NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE'

    Kinda interesting....received a 'NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE'. This after over a year of no activity with the court case.
    One of my credit cards had sued me and I am happy to have received the dismissal. Maybe filing a declaration of Assets and Examptions made the difference....should deter anybody to continue a law suit as I basically have 'nada'.

    Hope that the 'without Prejudice' means that they can't reopen this case ?

    However the other attorney for the same card company is like a hound dog and on a separate law suit (same credit card company, but not same card ) he obtained a judgement.
    Personally I think he is wasting his time, efforts and filing fees (quite a bit of those...), but.... apparently he has not read my declaration or does not believe me (?). Heck, at this time I do not have a bank account, only receive SS, do not own a vehicle, and have very few personal belongings (all together under $ 1000)...and, perhaps most importantly: no fraudulant transfers.

    Oh well, you win some and you loose some

  • #2
    'Without Prejudice' means that the plaintiff can indeed file again, but most likely will not. 'WITH Prejudice' means that the judge has ruled that the plaintiff is forever barred from taking further action in the case.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

    Comment


    • #3
      Originally posted by OHBOY View Post
      Kinda interesting....received a 'NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE'. This after over a year of no activity with the court case.
      One of my credit cards had sued me and I am happy to have received the dismissal. Maybe filing a declaration of Assets and Examptions made the difference....should deter anybody to continue a law suit as I basically have 'nada'.

      Hope that the 'without Prejudice' means that they can't reopen this case ?

      However the other attorney for the same card company is like a hound dog and on a separate law suit (same credit card company, but not same card ) he obtained a judgement.
      Personally I think he is wasting his time, efforts and filing fees (quite a bit of those...), but.... apparently he has not read my declaration or does not believe me (?). Heck, at this time I do not have a bank account, only receive SS, do not own a vehicle, and have very few personal belongings (all together under $ 1000)...and, perhaps most importantly: no fraudulant transfers.

      Oh well, you win some and you loose some
      This is a trick I used for a friend of mine who was being sued by a well-known local debt collection attorney who seemed to ignore his letters... I looked up his home address using the Maricopa County Assessor's website and had my friend send the judgment proof and cease and desist communications letter directly to the attorney's home address, addressed to the attorney and the attorney's wife.

      We think it creeped him out so much that he dropped the matter entirely. We made it personal for the attorney.
      The world's simplest C & D Letter:
      "I demand that you cease and desist from any communication with me."
      Notice that I never actually mention or acknowledge the debt in my letter.

      Comment


      • #4
        Originally posted by GoingDown View Post
        This is a trick I used for a friend of mine who was being sued by a well-known local debt collection attorney who seemed to ignore his letters... I looked up his home address using the Maricopa County Assessor's website and had my friend send the judgment proof and cease and desist communications letter directly to the attorney's home address, addressed to the attorney and the attorney's wife.

        We think it creeped him out so much that he dropped the matter entirely. We made it personal for the attorney.

        This is a miserable thing to do.

        There are things you do, and things you don't do. One thing you don't do is contact a creditor's attorney at their home address. They are not suing you from their home, they are suing you from their office, and they are doing it on behest of their employer.

        Also, if there were any real way for this attorney to nail you to a wall, they would do it without mercy and be justified in doing so.
        I am a Pennsylvania Eastern and Middle District Bankruptcy, FDCPA, FCRA and Foreclosure Defense attorney, information I post is based on experience in these districts. It is not legal counsel, consider it friendly counsel.

        Comment


        • #5
          Originally posted by JimKutkowski View Post
          This is a miserable thing to do.

          There are things you do, and things you don't do. One thing you don't do is contact a creditor's attorney at their home address. They are not suing you from their home, they are suing you from their office, and they are doing it on behest of their employer.

          Also, if there were any real way for this attorney to nail you to a wall, they would do it without mercy and be justified in doing so.
          In principle I believe it is similar to the Nürnberg trials.
          It is individuals that need to be held accountable for their actions. Yes the attorney was abiding by the law but some push the boundaries of humanity under the guise of "just doing my job" and "it's legal".
          Chapter 13ner

          Comment


          • #6
            Originally posted by JimKutkowski View Post
            This is a miserable thing to do.

            There are things you do, and things you don't do. One thing you don't do is contact a creditor's attorney at their home address. They are not suing you from their home, they are suing you from their office, and they are doing it on behest of their employer.

            Also, if there were any real way for this attorney to nail you to a wall, they would do it without mercy and be justified in doing so.
            I politely beg to differ
            Banks, jdb's, the attorneys who work for them.... are ruthless and I say, let's beat them at their own game- legally of course. And.... we are talking about people's LIVES here. I love creative solutions
            I liive with an atty btw, and would completely understand if we received one of these. I think they did the attorney a favor and saved him from wasting a boatload of time and effort.

            Keep On Smilin'

            Comment


            • #7
              Oh and talk about miserable things to do... that bankruptreportdotcom? THAT is one of them.

              Keep On Smilin'

              Comment


              • #8
                Originally posted by JimKutkowski View Post
                This is a miserable thing to do.

                There are things you do, and things you don't do. One thing you don't do is contact a creditor's attorney at their home address. They are not suing you from their home, they are suing you from their office, and they are doing it on behest of their employer.

                Also, if there were any real way for this attorney to nail you to a wall, they would do it without mercy and be justified in doing so.
                It sure got his attention, and he dropped the lawsuit, and was never re-filed by him or anyone.

                The cease and desist communications letter was polite and to the point, just like the one you see at the bottom in my signature.

                The judgment proof letter made it clear he would not get a penny from the debtor, so why bother wasting any more time or effort on him.

                My guess is after he got that letter at his home address, it got his full attention, he probably looked into the debtor's assets and employment, found nothing to go after, dropped it. He probably told the creditor about it, and they put the account back in the inactive pile of uncollectable debts.
                The world's simplest C & D Letter:
                "I demand that you cease and desist from any communication with me."
                Notice that I never actually mention or acknowledge the debt in my letter.

                Comment


                • #9
                  Originally posted by keepsmiling View Post
                  Oh and talk about miserable things to do... that bankruptreportdotcom? THAT is one of them.
                  What is that?
                  The world's simplest C & D Letter:
                  "I demand that you cease and desist from any communication with me."
                  Notice that I never actually mention or acknowledge the debt in my letter.

                  Comment


                  • #10
                    Originally posted by TrainWreak View Post
                    In principle I believe it is similar to the Nürnberg trials.
                    It is individuals that need to be held accountable for their actions. Yes the attorney was abiding by the law but some push the boundaries of humanity under the guise of "just doing my job" and "it's legal".
                    This isn't the Nazis at Nuremberg. The law says what you can and cannot do. If you don't like the law, petition your legislator, or better yet run yourself. Lawyers don't write the laws, they just interpret them.


                    Originally posted by keepsmiling View Post
                    I politely beg to differ
                    Banks, jdb's, the attorneys who work for them.... are ruthless and I say, let's beat them at their own game- legally of course. And.... we are talking about people's LIVES here. I love creative solutions
                    I liive with an atty btw, and would completely understand if we received one of these. I think they did the attorney a favor and saved him from wasting a boatload of time and effort.
                    I am ruthless. I like to win and hate to lose. I'm vindictive. That's why my clients hire me to defend them.


                    Originally posted by GoingDown View Post
                    It sure got his attention, and he dropped the lawsuit, and was never re-filed by him or anyone.

                    The cease and desist communications letter was polite and to the point, just like the one you see at the bottom in my signature.

                    The judgment proof letter made it clear he would not get a penny from the debtor, so why bother wasting any more time or effort on him.

                    My guess is after he got that letter at his home address, it got his full attention, he probably looked into the debtor's assets and employment, found nothing to go after, dropped it. He probably told the creditor about it, and they put the account back in the inactive pile of uncollectable debts.
                    You still don't get it. You sent a letter to where his or her kids live. That could be deemed a threat, especially if they have a place of business.
                    I am a Pennsylvania Eastern and Middle District Bankruptcy, FDCPA, FCRA and Foreclosure Defense attorney, information I post is based on experience in these districts. It is not legal counsel, consider it friendly counsel.

                    Comment


                    • #11
                      Originally posted by JimKutkowski View Post
                      I am ruthless. I like to win and hate to lose. I'm vindictive. That's why my clients hire me to defend them.
                      I guess that makes you a shark. I think some people think calling an attorney a "shark" is an insult. But, when I need an attorney, I want a shark.

                      I used to work for an attorney who shared a suite with a Bankruptcy attorney. He had a client who was an artist with no cash to pay attorney fees. As payment, the client offerred a choice of all of his paintings. The attorney chose a huge painting of a shark (It must have been 6 foot tall and 8 foot long). All of the 3 attorneys who shared the suite agreed it was perfect for hanging in the reception lobby.
                      LadyInTheRed is in the black!
                      Filed Chap 13 April 2010. Discharged May 2015.
                      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                      Comment


                      • #12
                        Originally posted by JimKutkowski View Post
                        This isn't the Nazis at Nuremberg. The law says what you can and cannot do. If you don't like the law, petition your legislator, or better yet run yourself. Lawyers don't write the laws, they just interpret them.




                        I am ruthless. I like to win and hate to lose. I'm vindictive. That's why my clients hire me to defend them.




                        You still don't get it. You sent a letter to where his or her kids live. That could be deemed a threat, especially if they have a place of business.
                        I think we might have a debt collector attorney here.

                        Remember, that attorney sent a process server to my friend's home, where his kids and his wife also live.

                        Why is it okay to rattle the cage of the debtor, but the debt collection attorney is somehow off limits?

                        And judging from the response I got from this attorney, it does creep them out and will get their attention.

                        And just like the local Phoenix attorney, I would bet this guy would also drop the case like a hot rock if someone did this to him.
                        The world's simplest C & D Letter:
                        "I demand that you cease and desist from any communication with me."
                        Notice that I never actually mention or acknowledge the debt in my letter.

                        Comment


                        • #13
                          Originally posted by GoingDown View Post
                          I think we might have a debt collector attorney here.
                          No you don't. If it wouldn't get me in hot water with the powers that be I would post my firm's web-site.


                          Originally posted by GoingDown View Post
                          Remember, that attorney sent a process server to my friend's home, where his kids and his wife also live.

                          Why is it okay to rattle the cage of the debtor, but the debt collection attorney is somehow off limits?
                          Where exactly else is someone supposed to serve the debtor? At his job? This is apples and oranges you are comparing.


                          Originally posted by GoingDown View Post
                          And judging from the response I got from this attorney, it does creep them out and will get their attention.

                          And just like the local Phoenix attorney, I would bet this guy would also drop the case like a hot rock if someone did this to him.
                          I would make you a project if you did this to me... but then again, I am a shark after all.


                          P.S. the avatar change is just for you
                          I am a Pennsylvania Eastern and Middle District Bankruptcy, FDCPA, FCRA and Foreclosure Defense attorney, information I post is based on experience in these districts. It is not legal counsel, consider it friendly counsel.

                          Comment


                          • #14
                            Originally posted by GoingDown View Post
                            I think we might have a debt collector attorney here..
                            JimKutkowski has not posted anything to support that conclusion. In fact, it is very easy to discover it is not true. But, so what if he was a debt collection attorney? Creditors have a right to sue and get judgements when debtors default and there is nothing wrong with attorneys taking their cases, even if the debtor is currently collection proof. If a credtors' attorney wanted to post here and answer questions from a creditor's perspective, he/she would be welcome as long as he/she was respectful and followed forum rules.

                            Originally posted by GoingDown View Post
                            Remember, that attorney sent a process server to my friend's home, where his kids and his wife also live.
                            In a lawsuit, the plantiff is often required to personally serve the defendant. If the defendant is an individual, their home is the first logical place to try to serve them. If the kids ask questions, all that needs to be said is that the person was there to deliver some important documents. Or, if the children were of appropriate age and the parent cared to be a little more open about the situation, they could take the opportunity to teach their children about debt and the legal process. Your friend should not be hiding his financial difficulties from his wife.

                            Originally posted by GoingDown View Post
                            Why is it okay to rattle the cage of the debtor,...
                            The attorney did not send a process server to your friend's home to rattle his cage. He sent him there as part of standard legal procedure.

                            Originally posted by GoingDown View Post
                            but the debt collection attorney is somehow off limits? And judging from the response I got from this attorney, it does creep them out and will get their attention.
                            Of course it would creep them out. You took a normal business and legal transaction and made it personal. There was no reason to contact the attorney at home.

                            Originally posted by GoingDown View Post
                            And just like the local Phoenix attorney, I would bet this guy would also drop the case like a hot rock if someone did this to him.
                            So, you think it is okay to scare an attorney into withdrawing from a case?
                            LadyInTheRed is in the black!
                            Filed Chap 13 April 2010. Discharged May 2015.
                            $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                            Comment


                            • #15
                              Originally posted by JimKutkowski View Post
                              No you don't. If it wouldn't get me in hot water with the powers that be I would post my firm's web-site.

                              You sure sound like a debt collector to me.




                              Where exactly else is someone supposed to serve the debtor? At his job? This is apples and oranges you are comparing.

                              Why not serve the debtor at his job?

                              Again, it seems to be okay in your mind to make it quite personal for the debtor, serving him at home, where his wife and kids live, but the attorney is hands-off. The attorney is somehow above the debtor and better than the debtor. Well, not to my way of thinking. And recent court cases in Montana and Florida have shown that attorneys (and not just junk debt buyers and original creditors) can be held liable for violating the FDCPA, to the tune of hundreds of thousands of dollars.




                              I would make you a project if you did this to me... but then again, I am a shark after all.

                              Oh, bring it on! I would LOVE it! I would also make you my special project and I would devote all of my free time going after you personally. And since I am judgment proof, you'd never get a penny from me, so you would be wasting all your precious time on me (which is money to an attorney) and never get paid anything from me.

                              I love the boisterous words of a collection attorney trying to scare debtors into thinking that they would devote any significant amount of time or effort on a debtor who fought back, especially when that debtor was judgment proof. They always go after lower hanging fruit. Debt collection attorneys like you have bills to pay to. They simply can't waste their time and effort making something personal against someone who has nothing to take, and of course, the more they pursue the unruly debtor, the more risks they take in terms of the FDCPA, and soon, they might just wind up owing the debtor thousands of dollars in statutory damages, attorney's fees, and court costs.


                              P.S. the avatar change is just for you
                              I have no intention of changing my avatar for you. I've been on here since 2005, and I have had the same avatar since 2005. That's me going through the garbage can in Phoenix, Arizona, looking for aluminum cans. Just a hint about me be willing and able to stoop pretty low if necessary.
                              The world's simplest C & D Letter:
                              "I demand that you cease and desist from any communication with me."
                              Notice that I never actually mention or acknowledge the debt in my letter.

                              Comment

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